Two Decades of National Seafarers’ Day celebrations

Now on its twentieth  (20^th) year,  Filipino seafarers are given tribute in the nationwide activities for the National Seafarers Day (NSD) celebrated every last Sunday of September with this year's them "MARINONG PILIPINO: ISULONG ANG EDUKASYON AT PAGSASANAY!"

Former president Fidel V. Ramos earlier issued on July 9, 1996 Proclamation No. 828 declaring August 18 as National Seafarers Day wherein  the Apostleship of the Sea (AOS) was tasked to coordinate with the public and private sector in   activities related to the celebration of said event. The purpose of the Proclamation is to give due recognition to the vital role of Filipino seafarers towards the development of the Philippines as a maritime country. Later,  Proclamation No.1094 was issued in 1997 by President Ramos which moved NSD    during the last Sunday of September every year. 

The Filipino seafarers are not only major contributors to the country’s economic growth, they are also ‘saint potentials’, thus said  Manila Archbishop Luis Antonio Tagle during the 2012   NSD celebration. The archbishop was referring to Saint Lorenzo Ruiz and San Pedro Calungsod as he noted that  these two martyrs of the Philippine Catholic Church  were seafarers and missionaries at the same time before they became saints. He added that Ruiz and Calungsod sailed to other countries and died for a mission: “to teach the Good News.”

“You should be instruments for what is good work and not of temptations,” he added. “The Filipinos today are sailing everywhere. Bring with you the best of the Filipinos.”

This year’s NSD fell on September 27, 2015 wherein activities are conducted  nationwide. In Manila,  the celebration  include the following events led by the AOS Manila:

September 20, 7am Ecumenical Memorial at Sea for the deceased seafarers at the Phil. Coast Guard grounds; AMOSUP kickoff activites, Seafarer's statue, Baywalk,  Roxas Boulevard

September 25 -  Boses ng Marino  Karaoke challenge at the Luneta Seafarer Welfare Foundation (LUSWELF) in Kalaw.

September 26 1pm  Oratorical and  Art Contest, AMOSUP Convention Hall

September 27 , 7am Grand Parade, High Mass, awards program Cuneta Astrodome (Pasay)

The Grand Parade  is usually  be participated in by more than 4000 stakeholders from maritime schools, government agencies, manning agencies, training centers, maritime organizations, unions, families and private institutions

Another highlight is the awarding of the winners in the different NSD contests including the Ten Outstanding Maritime Students of the Philippines (TOMSP) honoured by   Western Union . The search started in 2010 and  gave recognition to students for  being academically excellent, highly competent in practice, in good moral standing and active in their respective communities.  The chosen students are  seen as the embodiment of the "ideal seafarer," displaying "integrity, passion, assertiveness, dependability and camaraderie" that will allow them to become globally competitive Filipino seafarer.

The Philippines is considered as the major supplier of maritime labor globally as there is an estimated one Filipino seafarer for every four complements  on board a vessel.  Recent  Philippine Overseas Employment Administration (POEA) data showed that there are 367,166  Filipino seafarers with POEA approved contract deployed in 2013. In 2014, the deployed seafarers  brought in US$5,575,722,000 as dollar remittances. The seabased sector’s remittance comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs). Remittances help spur domestic consumption in the Philippines and a key ingredient in the country’s drive to achieve higher but sustainable growth.

Given the vast Philippine coast line (twice the size of the United States and nearly three times more than China ), Filipinos have natural maritime instincts that place them at an advantage over other nationalities. Foreign shipowners are known to prefer Filipino seafarers for equally important qualities: dedication and discipline, industry, flexibility, loyalty, English language fluency, adaptability, positive work attitude, law-abiding, and problem-solving capability.

Ironically, the Philippines almost lost its slot on the historical first thirty ratifying countries of the Maritime Labour Convention of 2006 (MLC2006).  It took the Philippines six years to ratify MLC2006 on August 13, 2012 after it became a signatory of the so called international magna carta for seafarers rights. The convention sets out minimum standards and fair working conditions for seafarers worldwide. Philippines is the thirtieth (30^th) country to ratify MLC 2006 out of the 314 signatories and one of the first thirty ratifying countries required for the convention to take effect.

NSD coincides with the National Maritime Week. Presidential Proclamation No. 866 dated Sept. 6, 1996 declared Sept. 27, 1996 and the last Friday of September every year, as National Maritime Day (NMD) spearheaded alternatively by the government agencies , to wit Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG), and  Philippine Ports Authority (PPA). This was later amended by another issuance making the last week of September as National Maritime Week.

the hardworking NSD committee

Winners and participants of the 2014 NSD oratorical contest

Winners of the 2014 Ten Outstanding Maritime Students of the Philippines

SVBB law , LUSWELF, and Radio inquirer

Hear me, See me as we discuss legal matters on seafarers' rights through the combined forces of Sapalo Velez Bundang Bulilan (SVBB) law offices, Luneta Seafarers Welfare Foundation (LUSWELF) Bantay OCW Radio Inquirer and United Filipino Seafarers (UFS) . Regular weekly paralegal lecture at LUSWELF and Usapang Marino on Radyo Inquirer every wednesday. 10:30 a.m. to 12:00noon DZIQ 990AM. http//www.ustream.tv/channel/dziq #pinoyseafarer #pinoymarino #marinongpinoy #seafarersrights #DZIQ #Radioinquirer #LUSWELF #Luneta #filipinoseafarer #svbb #sapalovelez #paralegallecture #seamanlawyer #seafarerlawyer ##knowyourrights #protectyourrights #labor #marino #UFS #unitedfilipinoseafarers

December 9, 2016 

November 3, 2016 

October 13, 2016

October 13, 2016

                                                                September 13, 2016

September 8, 2016 

june 30, 2016

june 2, 2016

june 23, 2016

june 16, 2016

“Social justice provisions” of the labor laws.

In most labor cases, the Supreme Court stressed that courts and quasi-judicial bodies must avoid making narrow interpretations of the law by   disregarding  the “social justice provisions” of the labor laws.  It said that  “in carrying out and interpreting the Labor Code's provisions and its implementing regulations, the employee's welfare should be the primordial and paramount consideration.[1] This kind of interpretation gives meaning and substance to the liberal and compassionate spirit of the law as provided in Article 4 of the Labor Code which states that "[a]ll doubts in the implementation and interpretation of the provisions of [the Labor] Code including its implementing rules and regulations, shall be resolved in favor of labor," and Article 1702 of the Civil Code which provides that "[i]n case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer".[2)

 The Supreme Court likewise expounded this principle by saying that "a strict interpretation of the cold facts before us might support the position taken by the companies. However, we are dealing here not with an ordinary transaction but with a labor contract which deserves special treatment and a liberal interpretation in favor of the worker xxx the Constitution mandates the protection of labor and the sympathetic concern of the State for the working class conformably to the social justice policy xxx Under the policy of social justice, the law bends over backward to accommodate the interests of the working class on the humane justification that those with less privileges in life should have more privileges in law xxx".[3]

The standard employment contract for seafarers was formulated by the POEA pursuant to its mandate under E.O. No. 247 to "secure the best terms and conditions of employment of Filipino contract workers and ensure compliance therewith" and to "promote and protect the well-being of Filipino workers overseas." Section 29 of the 1996 POEA SEC itself provides that "all rights and obligations of the parties to the Contract, including the annexes thereof, shall be governed by the laws of the Republic of the Philippines, international conventions, treaties and covenants where the Philippines is a signatory."[4]

  It is relevant to state that the POEA standard employment contract is designed primarily for the protection and benefit of Filipino seafarers in the pursuit of their employment on board ocean-going vessels. Its provisions must, therefore, be construed and applied fairly, reasonably and liberally in favor or for the benefit of the seamen and their dependents. Only then can its beneficent provisions be fully carried into effect”. [5] Employment contracts of seafarers on board foreign ocean-going vessels are not ordinary contracts. They are regulated and an imprimatur by the State is necessary. While the seafarer and his employer are governed by their mutual agreement, the POEA Rules and Regulations require that the POEA-SEC be integrated in every seafarer’s contract.[6] Courts are called upon to be vigilant in their time-honored duty to protect labor, especially in cases of disability or ailment. When applied to Filipino seafarer, the perilous nature of their work is considered in determining the proper benefits to be awarded. These benefits, at the very least, should approximate the risks they brave on board the vessel every single day.[7]

---

1.  Reyes vs. Court of Appeals, 267 SCRA 409.

2. Cristobal v.ECC,103 SCRA 329; Acosta v. ECC ,109 SCRA 209; Sarmiento v. ECC, 144 SCRA 422); Philippine Telegraph & Telephone Corporation v. NLRC, 183 SCRA 451; Asia World Recruitment, Inc. vs. NLRC 313 SCRA 1

3.  PNCC vs. NLRC (217 SCRA 455),

4.  KESTREL SHIPPING CO., INC. etc, vs. FRANCISCO D. MUNAR,  G.R. No. 198501    January 30, 2013

[5] Philippine Transmarine Carriers, Inc. v. NLRC, 405 Phil. 487, 495; Wallem Maritime Services, Inc. vs. NLRC, 376 Phil. 738, 749 (1999).

[6] Inter-Orient Maritime, Incorporated v. Candava, G.R. No. 201251, June 26, 2013, 700 SCRA 174

[7] Seagull Maritime Corporation v. Dee, 520 SCRA 109.

Allotment / Remittances of Filipino seafarers

 The seabased sector’s remittance comprise at least 22% of the total dollar remittances of Overseas Filipino Workers (OFWs). These remittances help spur domestic consumption in the  Philippines  and a key ingredient in the country’s drive to achieve higher but sustainable growth. 

Under the  POEA Standard Employment Contract,  the Filipino seafarer is required to make an allotment which shall be payable once a month to his designated allottee in the Philippines. 

The agency shall provide the seafarer with facilities to do so at no expense to the seafarer. The allotments shall be paid to the designated allottee in Philippine currency at the rate of exchange indicated in the credit advice of the local authorized Philippine bank. Their “allotments” do not go directly to their beneficiaries but are coursed through their manning agencies as middlemen, who disburse in pesos the seafarer’s monthly earnings to the allottee-family.

The allotment shall be at least eighty percent (80%) of the seafarer’s monthly basic salary through the formal channel.  In most instances for the remaining twenty percent  (20%), , generally, there are two modes of sending remittances available to seafarers, through formal (banking)  and informal (door-to-door) channels. 

 A significant new provision in the Migrant and Overseas Filipinos Act of 1995, R.A. 8042 ( as amended by R.A. 10022)   is its provision stating that the remittances of  Filipino seafarers  , shall be exempt from the payment of documentary stamp tax. The removal of the documentary stamp tax or DST on all funds wired home by seafarers would help drive down money transfer charges, and put more cash in the pockets of those receiving remittance.

      

A common problem in connection with remittance is the issue on who will be his allottee. An allottee  is any person named or designated by the  seafarer as the recipient of his/her remittances to the Philippines

The employment contract is the bilateral agreement between the seafarer and his principal, as represented by the manning agency Like any personal property he can freely dispose or give to anybody without other limitations than those provided by law. The law requires the inward remittance of the 80 % of his basic salary to the country, for it contribute to the economy. But not the manner or as to how he will divide nor dispose it. His right to dispose his wage remains in his discretion. 

Under this concept, a wife of a contract worker cannot force the agency to remit to her account more than what is allowed by the worker. What is required by law is to implement and enforce the required inward remittance of the workers’ salaries to the Philippines and not to see whether or not the full amount of the remittance is received by the dependents of its workers. The mandatory remittance required by law does not divest the right of an overseas worker over his hard earned money or earnings. A worker earned salary or wage is his exclusive property; the matter of its disposition is his alone and his employer cannot interfere on how salary should be divided and to whom the salary should go.  

           Nevertheless, one legal recourse of the wife is the filing of a civil case for support. Once the court grants the petition, the said court order should be given to the manning agency and attached to each POEA standard employment contract.  This will serve as a notice to the seafarer that failure to comply will have legal consequence. The manning agency is likewise bound to abide by said order for the allocation in favor of the wife. 

    Moreover, a Filipino seafarer can be  held criminally liable and be subjected to sanctions due to the act of abandoning his  financial obligation to persons to which he is  obliged by law to support. Under the Anti-Violence Against Women and Their Children Act , which was promulgated March 08, 2004, “economic abuse”  can be committed against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode.”

        
Popularly known as VAWC, the said law defined "Economic abuse" as any act that makes or attempts to make a woman financially dependent which includes, but is not limited to the following: 

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

If convicted under this law, the seafarer shall be punished by prision mayor, or imprisonment of a minimum of  six years  and one day to a maximum of twelve years.  He shall also shall pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00).   The court may likewise  expedite the process of issuance of a hold departure order once the case is filed.